[Prior code § 12.03(1)]
The provisions of Chapter 125, Wis. Stats., relating to the sale of intoxicating liquor and fermented malt beverages, exclusive of any provisions relating to the penalty to be imposed or the punishment for violation of such statutes, are adopted and made a part of this chapter by reference. A violation of any such provision shall constitute a violation of this chapter.
[Prior code § 12.03(2)]
The Village may grant or issue licenses for the sale of alcohol beverages subject to limitations and restrictions imposed by law as follows:
A. 
Fermented malt beverage wholesalers [Section 125.28(1)(a), (b), (c), and (d), Wis. Stats.] may sell fermented malt beverages (beer) only in original packages to retailers or wholesalers.
B. 
Class A retailers [Section 125.25(1), (2), (3), and (4), Wis. Stats.] may sell beer to consumers in any quantity in original packages for off-premises consumption only.
C. 
Class "B" retailers [Section 125.26(1), (2), (3), (4), and (5), Wis. Stats.] may sell beer to consumers for on-premises or off-premise consumption.
D. 
Temporary Class "B" retailers [Section 125.26(6), Wis. Stats.] may sell beer to consumers at a picnic or similar gathering of limited duration. Such licenses may only be issued to bona fide clubs, lodges, societies, and churches which have been in existence for at least six months, or to veteran organizations and fair associations.
E. 
Temporary "Class B" retailers [Section 125.51(10), Wis. Stats.] may sell wine coolers to consumers at a picnic or similar gathering of limited duration. Such licenses may only be issued to bona fide clubs, lodges, societies, and churches which have been in existence for at least six months, or to veteran's organizations and fair associations.
F. 
"Class A" retailers [Section 125.51(2)(a), (b), (c), and (d), Wis. Stats.] may sell intoxicating liquor to consumers only in original packages for off-premises consumption.
G. 
"Class B" retailers [Section 125.51(3)(a), (c), (d), (e) and (f), Wis. Stats.] may sell intoxicating liquor to consumers for on-premises consumption.
H. 
"Class C" retailers [Section 125.51(3m), Wis. Stats.] may sell wine by the glass or in an opened original container for consumption on the premises where sold.
I. 
Provisional retail licenses [Section 125.185, Wis. Stats.) may be issued only to persons applying for Class "A" beer, Class "B" beer, "Class A" liquor, "Class B" liquor, or "Class C" wine authorizing only the activities allowed under that type of license.
1. 
A provisional license expires 60 days after issuance or when the person is issued a retail license. The license may be revoked by the municipal official if he or she discovers the holder made false statements in the application.
2. 
A provisional "Class B" license may not be issued if the quota prohibits the issuance of such a license.
3. 
No person may hold more than one provisional retail license for each type of license applied for per year.
J. 
Combination Class "A" and "Class A" licenses are issued for the sale of both beer and liquor for off-premises consumption and are subject to limitations and restrictions imposed by law for both types of licenses.
K. 
Combination Class "B" and "Class B" licenses are issued for the sale of both beer and liquor for on-premises consumption and the sale of beer for off-premises consumption. This license is subject to limitations and restrictions imposed by law for both types of licenses.
[Prior code § 12.03(3)]
A. 
When Required. No person except as provided by Section 125.06, Wis. Stats., shall distribute, vend, sell, offer or keep for sale at retail or wholesale, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor or fermented malt beverage, or cause the same to be done, without having procured a license as provided in this section, nor without complying with all the provisions of this section, and all statutes, ordinances and regulations of the state and Village applicable thereto.
B. 
Separate Licenses Required for Each Place of Sale. A license shall be required for each stand, place, room or enclosure or for each suite of rooms or enclosures which are in direct connection or communication to each other where intoxicating liquor or fermented malt beverages are kept, sold or offered for sale; and no license shall be issued to any person for the purpose of possessing, selling or offering for sale any intoxicating liquor or fermented malt beverage in any dwelling house, flat or residential apartment.
[Prior code § 12.03(4); amended 11-15-2010 by Ord. No. 266; 2-21-2011 by Ord. No. 269]
License fees shall be set from time to time by resolution of the Village Board.
[Prior code § 12.03(5)]
A. 
Form. Application for a license to sell or deal in intoxicating liquor or fermented malt beverages shall be made in writing on forms prescribed by the State Department of Revenue and filed with the Village Clerk. The premises shall be physically described, to include every room and storage space to be covered by the license, including all rooms joined by connecting entrances or not separated by a solid wall.
B. 
All applicants for retail licenses must provide proof, as required by Section 125.04(5)(a)4 and Section 77.61(11), Wis. Stats., that they hold a seller's permit. This permit number shall be indicated on the application.
C. 
Effect of Denial. No permit application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of the order of denial, except on grounds of new evidence or proof of change of factors found valid by the Village Clerk under the authority of the Village Board.
[Prior code § 12.03(6); amended 11-15-2010 by Ord. No. 266]
[Ord. 214, 2002; prior code § 12.03(7)]
A. 
Full Fee to be Charged. "Class B" retailers [Section 125.51(3)(a), (c), (d), (e) and (f), Wis. Stats.) may sell intoxicating liquor to consumers for on-premises consumption with exceptions to imposing full license fees for licenses less than one year [Section 125.25(4) and 125.26(4), Wis. Stats.]
B. 
Form and Expiration of License. All licenses shall be numbered in the order in which they are issued and shall state clearly the specific premises for which granted, the date of issuance, the fee paid and the name of the licensee, and, unless sooner revoked, shall expire on June 30th thereafter, except as provided in Chapter 125, Wis. Stats. The Village Clerk shall affix his or her affidavit as required by Section 125.04, Wis. Stats.
[Prior code § 12.03(8)]
Licenses may be transferred from one location to another by approval of the Village Board no more than once in a license year for $10 as provided in Section 125.04(12)(a), Wis. Stats. Licenses or permits may be transferred from person to person by approval of the Village Board as provided in Section 125.04(12)(b), Wis. Stats. Application for such transfers shall be made by filing a Form AT-108 or AT-112 with the Village Clerk. Proceedings for transfer shall be had in the same manner and form as the original application.
[Prior code § 12.03(9); amended 11-15-2010 by Ord. No. 266]
Every license issued to an establishment under this section shall be posted and at all times displayed as provided in Wis. Stats. Section 125.04(10). No person shall post such license or permit any other person to post it upon premises other than those mentioned in the application, or knowingly deface or destroy such license.
[Prior code § 12.03(10)]
A. 
Gambling and Disorderly Conduct Prohibited. Each licensed premises shall at all times be conducted in an orderly manner, and no disorderly, riotous or indecent conduct shall be allowed at any time on any licensed premises.
B. 
Closing Hours. Establishments with Class A, Class B, or "Class C" licenses either are prohibited from selling alcohol or cannot be open for business during the following hours: Section 125.32(3) and 125.68(4), Wis. Stats.
Off-Premises
(carryout)
On-Premises Consumption
Class "A" beer
12:00 midnight to 8:00 a.m.
Not permitted
Class "B" beer
12:00 midnight to 6:00 a.m.
Mon. - Fri., 2:00 a.m. - 6:00 a.m.
Sat.-Sun., 2:30 a.m. - 6:00 a.m.
"Class A" liquor
9:00 p.m. to 8:00 a.m.
Not permitted
"Class B" liquor*
Not permitted by local ordinance
Mon. - Fri., 2:00 a.m. - 6:00 a.m.
Sat. - Sun., 2:30 a.m. - 6:00 a.m.
"Class C" wine
Not permitted
Mon. - Fri., 2:00 a.m. - 6:00 a.m.
Sat. - Sun., 2:30 a.m. - 6:00 a.m.
NOTES:
*
These closing times are not applicable to a "Class B" license issued to a winery. [Section 125.68(4)(c), Wis. Stats.] Closing hours for wineries are 9:00 p.m. to 8:00 a.m. [Section 125.68(4)(c)3m, Wis. Stats.]
NOTE: On January 1 Class "B" beer and "Class B" liquor licensed establishments are not required to close, but the 12:00 midnight to 6:00 a.m. prohibition on the sale of alcoholic beverages for off-premises consumption remains in effect. [Section 125.68(4)(c)1 and 3, Wis. Stats. Also, at 1:00 a.m. on the first Sunday in April, daylight savings begins, and the standard of time which licensed establishments must operate under is advanced ahead one hour. Daylight savings ends at 2:00 a.m. on the last Sunday in October. At that time, the clocks are moved back one hour (Section 175.095, Wis. Stats.).]
C. 
Safety and Sanitation Requirements. Each licensed premises shall be maintained and conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
D. 
Regulating Wearing Apparel on Licensed Premises. All persons involved in the operation of any licensed premises under this chapter, whether a licensee, member of the immediate family of the licensee, licensed operator, waiter, waitress, entertainer, dancer, or any other employee, shall observe the following applicable minimum standards for such licensed premises.
1. 
The costume, uniform or attire of any female shall be of nontransparent material and must completely cover the nipple and lower portion of the breasts at all times. The lower portion of such costume, uniform or attire must be of nontransparent material and completely cover the mons pubis, genitals, and buttocks at all times.
2. 
The costume, uniform or attire of any male shall be of nontransparent material and must completely cover the pubis area, genitals and buttocks at all times. It shall be the responsibility of the licensee to maintain such minimum standards on the licensed premises. Any violation or failure by any such designated person other that the licensee shall be deemed to be a violation by the licensee as well.
[Prior code § 12.03(11)]
A. 
Revocation of Licenses. Whenever the holder of any license or permit issued herein shall violate any portion of this section or any portion of Chapter 125, Wis. Stats., proceedings for the revocation of such license or permit may be instituted in the manner and under the procedure established by Section 125.12. Wis. Stats.
B. 
Suspension of Licenses. The Village President may, at any time, suspend any license issued herein upon conviction for the violation of any of the rules, regulations, ordinances or laws governing or applicable to such licensed premises. Upon the suspension of any such license, the Village Board shall give notice to the licensee of a hearing upon the proposed revocation of such license and an opportunity to be heard. Notice of such hearing and the reason therefor in writing shall be served by the Village Clerk upon the person named in the application by mailing the same to the address given in the application and by filing a copy of such notice in the office of the Village Clerk. After such hearing, the Village Board may proceed to revoke or reinstate such license.
C. 
Refusal to Renew a License. Renewal of a license may be denied only for the causes specified in Section 125.12(2)(ag), Wis. Stats., for revoking a license. The proceedings for the nonrenewal of such license or permit may be instituted in the manner and under the procedure established by Section 125.12(3), Wis. Stats.
D. 
Violations of Agents and Employees. A violation of this section by a duly authorized agent or employee of a licensee or permit holder shall constitute a violation by the licensee or permit holder.
[Prior code § 12.03(12)]
The Village may decide not to issue a new alcohol beverage license for reasons, including, but not necessarily limited to, the following: (1) adverse impact on traffic; (2) adverse impact on the peace, quiet, and cleanliness of the neighborhood where the establishment is located; (3) insufficient parking for patrons; (4) proximity to other licensed establishments, residential areas, schools, churches, or hospitals; (5) ability or inability of the police to provide law enforcement services to the new establishment and the impact of the new establishment on the ability of the police to provide law enforcement services to the balance of the community at all times.
[Added 11-15-2010 by Ord. No. 266]
No license shall be granted for any premises for which taxes, assessments or other claims of the Village are delinquent and unpaid or to any person delinquent in payment of such claims to the Village. In the event a premises or person is delinquent in payment of such claims to the Village at times other than initial granting or renewal of a license, the governing body may, in its discretion, suspend or revoke said license(s). "Delinquent," for the purposes of this section, shall mean the claim remains unpaid for 30 days after it became due. Being delinquent hereunder shall be grounds for suspension or revocation of a liquor license under Section 125.12(2) of the Wisconsin Statutes.
[Added 1-21-2013 by Ord. No. 281]
Forfeitures for violations of Sections 125.07(1) — (5), 125.085 and 125.09(2) of the Wisconsin Statutes, adopted by reference in Section 5.08.010 of the Code of Ordinances of the Village of Darien, shall conform to the forfeiture penalty permitted to be imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses. Nothing herein shall preclude or affect the power of the sentencing court to exercise additional authorities granted by the Wisconsin Statutes.